User Submission Agreement

DATE OF LAST MODIFICATION

October 30, 2025

By uploading drawings, specifications, or any other documentation (the "Submissions") to any DigiKey website or portal (the "Portal"), you, on behalf of yourself and any entity for which you are an agent or employee ("Customer") hereby agree to the following:

  1. Customer represents, warrants and agrees that:
    1. the Submissions and any part, product, prototype, material or item Customer is requesting through the Portal to be manufactured or produced using such Submissions do not constitute a "defense article", “technical data”, or "defense service" as such terms are defined in the International Traffic in Arms Regulations (the "ITAR"), 22 CFR Parts 120-130, administered by the Directorate of Defense Trade Controls, U.S. Department of State ("DDTC"), and are not otherwise (i) subject to the ITAR, (ii) any item on the U.S. Munitions List (as such term is defined in the ITAR), or (iii) under the jurisdiction of DDTC;
    2. the Submissions (including any technology contained therein) and/or any part, product, prototype, or materials based thereon (including any part, product, prototype, material or item Customer is requesting through the Portal to be manufactured or produced using such Submissions) are classified as EAR99 under the Export Administration Regulations, 15 CFR Parts 730 et seq. administered by the Bureau of Industry and Security, U.S. Department of Commerce;
    3. the Submissions are not an unauthorized reproduction or disclosure of any party’s proprietary information or intellectual property, and the Submissions, and use thereof, do not infringe, misappropriate, or violate any right of any person or entity, including without limitation, any copyright, mask work, trademark, patent, trade secret, design right, moral right, right of privacy, right of publicity, or any intellectual property or proprietary rights; and
    4. all information contained in the Submissions is correct, complete and accurate.
  2. Customer acknowledges and agrees that DigiKey shall not be liable for any action taken or any liability incurred by Customer, any affiliate of Customer, any purchaser, any importer, any exporter, any re-exporter, any freight forwarder, any customs broker or any other party, or any fines and/or penalties imposed or any other action taken by any U.S. or foreign governmental agency against Customer or any affiliate of Customer, any purchaser, any importer, any exporter, any re-exporter, any freight forwarder, any customs broker or any other party, in each case whether or not connected with or arising from the Submissions, the purchase of parts, products or prototypes by Customer from DigiKey and/or the provision of services by DigiKey to Customer as contemplated hereunder.
  3. Indemnification. Without limiting Customer’s obligations under DigiKey’s Website Terms of Use and Conditions of Order, Customer shall indemnify, defend and hold harmless DigiKey and DigiKey's affiliates, joint ventures, business partners, suppliers, vendors, licensors, licensees, employees, agents, officers, directors, owners, from and against all claims, losses, expenses, fines, penalties, damages, judgments, and fees and costs (including, but not limited to, direct, incidental, special, consequential, punitive, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach or violation of this User Submission Agreement by Customer, including, without limitation, any breach of any of Customer’s representations, warranties and/or agreements set forth in Section 1 of this User Submission Agreement, or (ii) Customer’s Submissions, including, without limitation, any part, product, prototype, or material based on or resulting from Customer’s Submissions.
  4. Disclaimer. DIGIKEY AND ITS SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS, AND EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO ANY PART, PRODUCT, PROTOTYPE, OR OTHER MATERIAL THAT MAY RESULT FROM CUSTOMER’S SUBMISSIONS AND ANY SERVICES PROVIDED BY DIGIKEY IN CONNECTION THEREWITH. THE PORTAL AND ANY SERVICES PROVIDED IN CONNECTION WITH THE PORTAL BY DIGIKEY AND ITS SUPPLIER(S) ARE PROVIDED "AS-IS" AND ON AN "AS-AVAILABLE" BASIS. DIGIKEY AND ITS SUPPLIER(S) ARE NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER’S SUBMISSIONS OR ANY MATERIAL OR DATA SENT OR RECEIVED, OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO, THROUGH THE PORTAL.
  5. The person uploading the Submissions hereby confirms that such person is an authorized legal representative of Customer and has the authority to legally bind Customer with respect to the representations, warranties, indemnification, and agreements set forth in this User Submission Agreement.
  6. This User Submission Agreement is in addition to and supplements DigiKey’s Website Terms of Use and Conditions of Order. By agreeing to this User Submission Agreement Customer reaffirms its agreement to DigiKey’s Website Terms of Use and Conditions of Order. To the extent there is a conflict between this User Submission Agreement and DigiKey’s Website Terms of Use and Conditions of Order, this User Submission Agreement will control with respect to the applicable terms. For the avoidance of doubt and without limiting the preceding in this Section 6 of the User Submission Agreement, DigiKey’s Conditions of Order shall apply to the purchase of parts, products or prototypes by Customer from DigiKey following the manufacture thereof by DigiKey’s supplier(s).